FACT Report: February 3, 2016

Following a Suit by Filing a Suit (February 3, 2016)

A lawsuit was recently filed asking the Tennessee state courts to determine how the Supreme Court’s same-sex “marriage” decision last summer in Obergefell v. Hodges applies to other state laws. The lawsuit is actually similar to a strategy used in the past by the NAACP that resulted in Brown versus Board of Education overruling the “separate but equal” doctrine created years before in Plessy versus Ferguson.

Few people realize that after Plessy, a case involving segregation on rail cars, the NAACP began bringing lawsuits to ask how the “separate but equal” doctrine applied to other state laws, those in education. After six different lawsuits went to the Supreme Court, the Court realized its mistake and overruled the Plessy decision.

Perhaps last week’s lawsuit will someday result in Obergefell being overruled.

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